3.8 Initial Meeting

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

3.8 INITIAL MEETING

3.801 In General. Client convenience is always a consideration in scheduling meetings. The client's practice, office hours, surgery schedule, if any, emergencies, and unpredictable developments common to medical practice require flexibility of both the attorney and the client. Most clients will cooperate, but some may dread discussing the lawsuit and try to postpone or avoid the meeting. If possible, meet in the attorney's office to avoid distractions and to establish that the attorney will direct the defense.

3.802 Purpose of Meeting. The purpose of the meeting is to establish a strong relationship based on mutual trust and respect. The goal is to have the client feel comfortable, understand the litigation process, share the necessary medical information to build a formidable defense, understand his or her role as an active player and how that active role can benefit the defense of the case, and assure the client that he or she is in good hands.

3.803 Participants. The client should be informed in advance who will be present and given the option of meeting privately with defense counsel. If appropriate under the circumstances, the claim representative or risk manager and any associate or paralegal who will be participating in the defense should be present. Some defense counsel prefer to include everyone who will participate in the defense of the case. The advantage to this approach is that all members of the defense team begin on the "same page." It also introduces the client to the specific defense team who will work on the case. Additionally, the claim representative may have information about what has transpired between the event and the filing of the suit. The claim representative would also have the opportunity to meet with the health care provider to conduct his or her claims investigation for the carrier simultaneously. Having all participants present provides an opportunity to discuss each person's role in the defense of the case.

But there may be circumstances when it is better not to have the claim representative present. If there are conflicts between the client and the claim representative, having the claim representative participate in the first meeting may not be prudent. In addition, some defense counsel prefer to meet privately with the client at the initial meeting to establish a less threatening

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environment. The meeting creates significant anxiety for a health care provider, especially one who has never been involved in litigation. It can be unsettling to some clients to be introduced to several people from the defense team at the initial meeting. Defense counsel should analyze the benefits of including the whole defense team in the initial client meeting to share information versus the benefits of a one-on-one meeting to promote a more productive, positive exchange.

3.804 Discussion.

A. Roles of Participants. Regardless of who attends the initial client meeting, counsel should identify all the participants and explain each person's role in the defense of the case and the nature of the unique tripartite relationship. Depending on the precise language in the insurance contract, counsel should explain that the claim representative is the one responsible for the management of this claim for the carrier. The insurance carrier's management of the defense of the litigation...